The Unmarried Father and the Right to Family Life: Keegan v. Ireland

Date01 March 1995
DOI10.1177/1023263X9500200107
Published date01 March 1995
AuthorKath O'Donnell
Subject MatterArticle
Kath O'Donnell *
The Unmarried Father and the Right to Family Life:
Keegan
v.
Ireland
§1. Introduction
As the structure of family life changes throughout much of Western society, the human
right to family life has become more significant. The central issue is whether states
must recognize the increasing diversity of experiences of family life and offer all forms
of the family equal protection and respect. The right to family life is protected within
the European Convention on Human Rights (ECHR) and the change in the concept
of
the family has led to state policies and actions being increasingly challenged under the
Convention. The current debate concerns the claims of those outside the traditional
family unit - particularly the unmarried father -to some legal status and recognition
of
their family ties. The jurisprudence of the Convention provides the potential to address
these issues in a dynamic manner, which recognizes the changes taking place in the
concept of the family. Unfortunately, recent cases suggest that the Court of Human
Rights is not yet prepared to fully address these issues and continues to draw
distinctions between the protection offered to members of the 'traditional' marital family
and that offered to members of non-marital family units. The recent decision of the
Court in
Keegan
v.
Ireland
1adds to the body of case law in this area but demonstrates
the Court's failure to fully explore the status of the unmarried father and the protection
offered by the ECRR.
§2. Facts and Background
The case concerned the placement for adoption of the applicant's baby daughter by the
child's mother without the applicant's knowledge or consent. The applicant (Keegan)
had met the child's mother (V) in 1986. A relationship developed and they began to
*Lecturer in Law. University of Hull.
1. Judgment of 26th May 1994, ECHR Series A no. 291-A.
MJ 2 (1995) 85

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